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that's what president obama did and this fellow is an american citizen. it's far from clear that there's any law that would allow him to be tried as an enemy combatant. this is a procedure we know works. people get tried in criminal courts every day. the combatant laws we don't know that one can be successfully conducted. that's lost in a mar ras in guantanamo bay. this case will take a long time, be expensive and complicated but he's going to trial and there's going to be a verdict. we know that. >> jeff, thank you very much. fran, julia, as well. appreciate it. follow me on twitte twitter @andersoncooper. what do you think? should he be charged in a criminal court opposed to an enemy combatant? >>> and we will dig in to the case. the older suspect spent last year in parts of dagestan and chechnya. and the older suspect's widow. what we know about her and their relationship and more importantly what the fbi wants to know from her tonight. >>> later, my interview was remarkable woman. i hope you stick around for this. she a dance instructor whose body was
that's what president obama did and this fellow is an american citizen. it's far from clear that there's any law that would allow him to be tried as an enemy combatant. this is a procedure we know works. people get tried in criminal courts every day. the combatant laws we don't know that one can be successfully conducted. that's lost in a mar ras in guantanamo bay. this case will take a long time, be expensive and complicated but he's going to trial and there's going to be a verdict. we know...
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also why hasn't the obama administration declared the wounded terrorist to be an enemy combatant? he will not be treated as an enemy combatant. we will prosecute this terrorist through our civilian system of justice under u.s. law the united states citizens cannot be tried in military commissions the. >> bill: well some constitutional experts dispute mr. cancery's statement if you partner up with a foreign terrorist organization you become part of that. it's about interrogation not about trial "wall street journal" has by far the most section tonight left one bomber dead, one police officer dead and other bomber gravely wounded. joining us from boston brian bender "boston globe" reporter and craner. let's pick it up ms. cram kramer with the two suspects in cambridge around 10:00 p.m. thursday night. take it from there. >> yes. that's when the chaos essentially began. what happened was they come upon officer sean collier, for reasons we do not understand yet and may never understand they open fire on him. the word that has been used for that was an assassination by police. police h
also why hasn't the obama administration declared the wounded terrorist to be an enemy combatant? he will not be treated as an enemy combatant. we will prosecute this terrorist through our civilian system of justice under u.s. law the united states citizens cannot be tried in military commissions the. >> bill: well some constitutional experts dispute mr. cancery's statement if you partner up with a foreign terrorist organization you become part of that. it's about interrogation not about...
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the obama administration saying tsarnaev will not be treated as an enemy combatant. what does senator lindsay graham think about that? nice to see you, sir. i understand, you wrote the statute. >> i have two goals, one, to bring him to justice, through federal court. he was never eligible for military tribunals because he's a military citizen. i wrote that law. what i want to do is find out what he may know about terrorist connections and future plots. now we are down to this, if you don't hold him as an enemy combatant, where you can question him without a lawyer, our intelligence is limited to what his lawyer will allow him to answer. >> you can be a foreign -- an enemy -- war with the united states. and an enemy combatant, where you are connected to a foreign group, trying to do harm to the united states. you can be taken into custody by the military, 30 days and questioned. after 30 days, you are sent to the civilian system? >> in his case, he was never eligible for trial by the military. that's different. i am talking about gathering intelligence. there are two
the obama administration saying tsarnaev will not be treated as an enemy combatant. what does senator lindsay graham think about that? nice to see you, sir. i understand, you wrote the statute. >> i have two goals, one, to bring him to justice, through federal court. he was never eligible for military tribunals because he's a military citizen. i wrote that law. what i want to do is find out what he may know about terrorist connections and future plots. now we are down to this, if you...
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senator lindsey graham and senator talked about obama not try him as an enemy combatants. it was said to see him go, he was a fine figure and a state senator, isn't it? >> al a high state legislature is much more sophisticated than we saw here today. >> let's talk about lindsey graham. sang the government should have left dzhokhar tsarnaev as an enemy combat and, at least on the table as a possibility. >> it is not permissible under the law. you cannot treat an american citizen who is accused of committing an american crime against mostly american citizens in boston as an enemy combatants. it would turn our country -- >> it has never happened before. >> into martial law. the supreme court struck that down and american citizens were charged with crimes and this fellow is being charged with an ordinary crime that anybody could be charged with the team made a bomb to kill his mother-in-law. it does not require any allegation of terrorism. the idea we can deny and trial by jury, speedy trial, all of the things in the constitution and the bill of rights provides would turn our
senator lindsey graham and senator talked about obama not try him as an enemy combatants. it was said to see him go, he was a fine figure and a state senator, isn't it? >> al a high state legislature is much more sophisticated than we saw here today. >> let's talk about lindsey graham. sang the government should have left dzhokhar tsarnaev as an enemy combat and, at least on the table as a possibility. >> it is not permissible under the law. you cannot treat an american...
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the obama administration say the tsarnaev will not be treated as an enemy combatant. what does senator lindsay graham think about that? he joins us. nice to see you, sir. >> thank you? and i understand you wrote the statute. >> right. i have two goals. one is to bring him to justice and that's through federal court. he was never eligible for the tribunal because he's an american citizen, i wrote that law. i want to know what he knows about foreign connects and future plots. now we are down to this. if you don't hold him as en a enemy combatant when you can get him without a lawyer our ability to gather intelligence is limited by what his lawyer will allow him to answer. >> there's two-way you can be an enemy combatant. one is a foreigner of an enemy at war with the runs. and another category where you are connected to a foreign group trying to do harm to the united states. you can be taken into the custody by the military for 30 days and questioned and after 30 days you get sent out to the civilian system? >> for in his case he was never eligible for trial by the mili
the obama administration say the tsarnaev will not be treated as an enemy combatant. what does senator lindsay graham think about that? he joins us. nice to see you, sir. >> thank you? and i understand you wrote the statute. >> right. i have two goals. one is to bring him to justice and that's through federal court. he was never eligible for the tribunal because he's an american citizen, i wrote that law. i want to know what he knows about foreign connects and future plots. now we...
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to try him in civilian court rather than as an enemy combatant in a military tribune jal? >> i think the military tribunal was a complete nonstarter. there has never been an american citizen arrested on american soil charged in a military tribunal. it's just simply never going to happen. it certainly didn't happen in the bush administration, didn't happen in the obama administration, so that was never -- that's just not -- it's irrelevant at this point. now the case is under way. the fact that he was well enough to be arraigned on the complaint means now that the government will move to present this case in the grand jury, probably within a month there will be an indictment, and then the case will move to a federal district court. at that point, i expect things will slow down quite a bit. i would be surprised, given the magnitude and complexity of this case, that there could be a trial inside of a year, but at least now the process is under way. >> juliette, from a law enforcement standpoint, do you think it was the right decision to try him in civilian court? >> absolutel
to try him in civilian court rather than as an enemy combatant in a military tribune jal? >> i think the military tribunal was a complete nonstarter. there has never been an american citizen arrested on american soil charged in a military tribunal. it's just simply never going to happen. it certainly didn't happen in the bush administration, didn't happen in the obama administration, so that was never -- that's just not -- it's irrelevant at this point. now the case is under way. the fact...
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i strongly disagree with the obama administration's decision to rule out enemy combatant status for this suspect at this time. >> let's bring in our senior legal analyst jeffrey toobin, joining us from new york. can or should a u.s. citizen be formally given this enemy combatant status? what does the law say? >> every terrorist suspect arrested in the united states, since the first world trade center bombing in 1993 has been treated in the criminal justice system, not as an enemy combatant. standard operating procedure. frankly, the whole status of enemy combatant remains ambiguous in the legal system. the prisoners in guantanamo bay remain in legal limbo. by treating them as criminal suspects, the obama administration is avoiding all kinds of risks and simply acting as the bush administration has in the past and as they have acted in other terrorist cases by using the normal criminal procedures. >> because lindsey graham and others say, yes, he should be tried as a u.s. citizen, should be tried in a u.s. civilian court, but that can await this process of doing some serious interrogation
i strongly disagree with the obama administration's decision to rule out enemy combatant status for this suspect at this time. >> let's bring in our senior legal analyst jeffrey toobin, joining us from new york. can or should a u.s. citizen be formally given this enemy combatant status? what does the law say? >> every terrorist suspect arrested in the united states, since the first world trade center bombing in 1993 has been treated in the criminal justice system, not as an enemy...
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. >> is the obama administration still convinced from the tsarnaev brothers acted alone? pat buchanan debates on that subject. and coming up next the sole surviving suspect in the marathon bombing will not be held as an enemy combatant. we will debate the legal aspects of this as "hannity" continues. (little girl) no! saw her first day of school. (little girl) bye bye! made a best friend forever. the back seat of my subaru is where she grew up. what? (announcer) designed for your most precious cargo. (girl) what? (announcer) the all-new subaru forester. (announcer) designed for your most precious cargo. love. it's what makes a subaru, a subaru. at tyco integrated security, we consider ourselves business optihow?rs. by building custom security solutions that integrate video, access control, fire and intrusion protection. all backed up with world-class monitoring centers, thousands of qualified technicians, and a personal passion to help protect your business. when your business is optimized like that, there's no stopping you. we are tyco integrated security. and we are sha
. >> is the obama administration still convinced from the tsarnaev brothers acted alone? pat buchanan debates on that subject. and coming up next the sole surviving suspect in the marathon bombing will not be held as an enemy combatant. we will debate the legal aspects of this as "hannity" continues. (little girl) no! saw her first day of school. (little girl) bye bye! made a best friend forever. the back seat of my subaru is where she grew up. what? (announcer) designed for...
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. >> is the obama administration still convinced from the tsarnaev brothers acted alone? pat buchanan debates on that subject. and coming up next the sole surviving suspect in the marathon bombing will not be held as an enemy combatant. we will debate the legal aspects of this i'm just saying, why does the enterprise get all the good missions? [ bang, alarm blaring ] here we go. on-screen. i'm very sorry. i think i ran into you. it's space. you couldn't go around me? don't worry. i have esurance. their modern tools let me customize my policy. are you okay? 'cause you look a little banged up. you look pretty jacked up, man. yeah. that's my face. oh. [ male announcer ] see "star trek into darkness" in theatres may 17th. go to esurance's facebook page for a chance at free movie tickets. go to esurance's facebook page at tyco integrated security, we consider ourselves business optihow?rs. by building custom security solutions that integrate video, access control, fire and intrusion protection. all backed up with world-class monitoring centers, thousands of qualified technicia
. >> is the obama administration still convinced from the tsarnaev brothers acted alone? pat buchanan debates on that subject. and coming up next the sole surviving suspect in the marathon bombing will not be held as an enemy combatant. we will debate the legal aspects of this i'm just saying, why does the enterprise get all the good missions? [ bang, alarm blaring ] here we go. on-screen. i'm very sorry. i think i ran into you. it's space. you couldn't go around me? don't worry. i have...
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administration combats threats to american civilians and wages what it no longer calls the global war on terror. from the very beginning after september 11th, american policy in this area has been constructed through a series of often ad hoc decisions made during the intense moments following acts of violence against the united states. those decisions have then gone on to have tremendous ripple effects and unintended consequences. today as we find ourselves in one of those intense freighted and immense moments, the question of how the obama administration reacts is one we should all be paying attention to. and there is no journalist in america, in the world who has reported on what the war on terror actually looks like under the obama administration better than any next guest, jeremy scahill. his amazing chronicle of the obama war on terror, new book "dirty wars" publishes tomorrow. the film of the same name will be in theaters in june. "dirty war" is probably the most comprehensive account to date of what america's battlefield looks like, a battlefield constructed with each new missi
administration combats threats to american civilians and wages what it no longer calls the global war on terror. from the very beginning after september 11th, american policy in this area has been constructed through a series of often ad hoc decisions made during the intense moments following acts of violence against the united states. those decisions have then gone on to have tremendous ripple effects and unintended consequences. today as we find ourselves in one of those intense freighted and...
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. >> i strongly disagree with the obama administration's decision to rule out enemy combatant status for this suspect. >> reporter: and the question of whether the fbi dropped the ball in 2011 when it looked at tamerlan tsarnaev's activity will be the subject of a closed-door briefing on capitol hill later today, when law enforcement officials brief lawmakers. john? >> all right, barbara starr, thanks so much. barbara starr in washington. i want to bring back fran townsend, cnn analyst, former homeland security adviser to president george w. bush. and fran, i want to get your take here. where do you think the investigation stands right now? we've had these initial criminal complaints given dzhokhar tsarnaev. we've seen sort of the case laid out just a little bit. but how about the investigation itself? what are the next steps? >> well, first of all, we know from investigators that they're cooperating with the russians. i talked to sources, federal sources, and the cooperation between russian authorities and the fbi is quite good. both want to understand what they might have missed, w
. >> i strongly disagree with the obama administration's decision to rule out enemy combatant status for this suspect. >> reporter: and the question of whether the fbi dropped the ball in 2011 when it looked at tamerlan tsarnaev's activity will be the subject of a closed-door briefing on capitol hill later today, when law enforcement officials brief lawmakers. john? >> all right, barbara starr, thanks so much. barbara starr in washington. i want to bring back fran townsend,...